This obiter dictum of Francis Newman's, spoken nearly sixty years ago, strikes one as more true to-day even than when he originally gave voice to it.
Since the days when he wrote up the subject, many people have come over to his way of thinking, and the way is made easy for those who wish to follow its obiter dicta for health.
The author of Obiter Dicta seeks to deny to actors all critical insight and all literary appreciation.
The case being thus thrown out of court, all further discussion of its merits was superfluous--a mere obiter dictum, without legal force.
The court's decision, obiter dictum and all, extended only to the power of Congress over the Territories.
Obiter cantare=--To sing as one goes along; to 15 sing by the way.
Obiter dicta=--Remarks by the way; passing remarks.
But it was as a literary critic of unusually clever style and an original vein of wit, that he first became known to the public, with his volume of essays entitled Obiter Dicta (1884).
Whether he was writing miscellaneous essays or law-books, his characteristic style prevailed, and his books on copyright and on trusts were novelties indeed among legal textbooks, no less sparkling than his literary Obiter Dicta.
Hence he forged his weapon--the obiter dictum--by whose broad strokes was hewn the highroad of a national destiny.
Burr's attorneys were more prudent: they dismissed Marshall's earlier words outright as obiter dicta--and erroneous at that!
And then, by way of obiter dictum, without having the slightest occasion to do so, he wrote into the decision an obiter dictum to the effect that that was the law of this country.
But the judges of the circuit courts know better, and never have enforced thatobiter dictum.
Many are the wholesome changes that have thus been wrought in English "judge-made law" as the direct result of learned and convincing obiter dicta.
Quanquam autem interim rem tracto fortassis humiliorem, tamen dum in Graecorum hortis versor, multa obiter decerpo, in posterum usui futura etiam sacris in literis.
Having thus decided, it followed that anything said or attempted to be decided on other questions was extra-judicial--mere obiter dicta, if even that.
Whatever goes beyond that which is required to show that the judgment is the legal conclusion from the ascertained facts is styled in law language obiter dictum.
Experto crede--for I can support my obiter dictum by the crushing weight of personal experience.
I am highly satisfied by your lordship's obiter dictum.
I shall abstain from scratching my head over so Sphinxian a conundrum, and confine myself to knuckling to the obiter diction of sundry lady speakers.
The author of Obiter Dicta seeks to deny to actors all critical insight and all literary appreciation.
After every reading of 'Obiter Dicta' we feel ashamed of crass and petty prejudice, in the face of his lessons in disregarding surface mannerisms for the sake of vital qualities.
Mr. Hardy himself firmly believes that the novel should first of all be a story: that it should not be a thesis, nor a collection of reminiscences or obiter dicta.
Several decisions not only adopted the obiter dictum of the Osborne case, above described, but proceeded to expand upon it.
Purely as an obiter dictum the court discussed briefly the interpretation of the original act in respect to rate-making power.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "obiter" in a variety of sentences. We hope that you will now be able to make sentences using this word.
